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(영문) 광주지방법원 2016.10.04 2016노398
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. As the agenda for sale of real estate has been lawfully passed at the general meeting of clans in the summary of the grounds for appeal, the application for the registration of transfer of the defendant's ownership is legitimate.

2. The judgment of the court below, in addition to the circumstances properly explained by the evidence duly adopted and examined, the following circumstances, i.e., ① at the time a clan general meeting omitted from the membership list even though L, H, I, and G attended the clan general meeting, and S promptly admitted to a clan general meeting without signing on the membership list due to the relation to which L, H, I, and L had arrived late at the above place. As such, although the number of members actually more than 65 members present at the clan general meeting, some of the members of the clan are omitted; ② some of the members of the clans such as F et al. are opposed to the sale of real estate since they were present at the clan general meeting; ② even during the clan general meeting, some of the members of the clans were strongly opposed to the sale of real estate since before the clan general meeting, and they were present at the time after the clan general meeting without any particular issue, and even if they did not thereafter, they were aware that the agenda was rejected on the day they were sold by the clan general meeting.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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